Plaintiffs' Preliminary Injunction and Class Certification Order with Cover Letter

    BLACKSHER, MENEFEE & STEIN, P.A. 

ATTORNEYS AT LAW 

  

405 VAN ANTWERP BUILDING 

P. 00. BOX 10051 

MOBILE, ALABAMA 36633-1051 

JAMES Ul. BLACKSHER February 5 ; 1986 TELEPHONE 

LARRY T. MENEFEE i (205) 433-2000 

GREGORY B. STEIN 

WANDA J. COCHRAN 

honorable Thomas C. Cavers 
Clerk, Middle District of Alabama 
P. 0." Box 711 
Montgomery, AL 36101 

RE: Dillard, et al. v. Crenshaw County, Alabama, er al. 
Civil Action NO. 85-T-1332-N 
  

Dear Mr. Cavers: 

Please file the enclosed following documents in connection 
with the above-enumerated cause. 

1. Plaintiffs’ Perition for BS Minny Injunction 
and Class Certification Order; and 

2. Brief in Response to Defendants' Motions to Dismiss 
and/or Sever and/or Transfer and In Support of 
Plaintiffs' Motions for Preliminary Injunction and 
Class Certification, along with attachments. 

Thank you and best regards. 

Sincerely, 

ACKSHER, MENEELE 

T el 
mes jeg Blacksher 

SYELIN, P.A. 

     

        

  

J 
B:nwp 

ce (w/encls) 

Terry Davis, Esq. David R. Boyd, Esq. 
Julius L. Chambers, Esq. James G. Speake, Esq. 
Deborah Fins, Esq. W. 0. Kizk, Jr., Esq. 
WwW, Edward Still, Esq. Warren Rowe, Esq. 
Reo Kirkland, Jr., Esq. James Webb, Esq. 
Alton L.. Turner, Esq. lee Otts, Esq. 
Jack Floyd, Esq. Barry D. Vaughn, Esq. 
D. L. Martin, Fsq. BK. 2. Barnum. Esq. 

 



  

IN THE UNITED STATES DISTRICT COURT FOR THE 
MIDDLE DISTRICT OF ALABMA 

NORTHERN DIVISION 

JOHN DILLARD, et al., on behalf of 
themselves and other similarly % 
situated persons, 

Plaintiffs, % 

VS. * CA NO. 85-T-1332-N 

CRENSHAW COUNTY, ALABAMA, qua COUNTY; * 

et al., 
Defendants. * 

PLAINTIFFS’ PETITION FOR PRELIMINARY INJUNCTION 
AND CLASS CERTIFICATION ORDER 
  

Plaintiffs, on behalf of themselves and the class of 

black citizens they seek to represent, petition the court to 

schedule a prompt hearing on these matters and thereafter enter: 

(1) an order certifying this cause as a class action under rule 

23(a) and 23(b)(2), and (2) entering an order, pursuant to Rule 

65 of the Federal Rules of Civil Procedure, preliminarily 

enjoining defendants from conducting 1986 primary and general 

elections on an at-large basis. As grounds for this petition, 

plaintiffs would show: 

 



  

CLASS CERTIFICATION 

1. Plaintiffs’ amended complaint challenges the 

at-large election systems presently operating in the eight 

counties named in the amended complaint. 

2. These election systems are the result of policies 

instituted and maintained by the State of Alabama which have the 

purpose of denying and abridging black citizens’ right to vote by 

submerging their voting strength in the defendant counties with 

respect to the election of county governing bodies. 

3. Plaintiffs seek to represent a class composed of 

black citizens in eight counties who, like themselves, have 

suffered a dilution of their voting strength by reason of the 

election systems utilized in the defendant counties. 

4. This case is due to be certified as a class action 

because plaintiffs meet the requirements of rule 23(a) and rule 

23(b)(2) as shown by the following: 

(a). Numerogity. The class of persons plaintiffs seek 

to represent is so numerous that joinder of all members is 

impracticable. The number of known, identifiable class members, 

as ascertained by the 1980 census data is as follows: 

Crenshaw County - 3,378 
Calhoun County —- 22,448 
Coffee County - 8,807 
Escambia County - 12,384 

 



  

Etowah County - 14,281 
Lawrence County - 5,157 
Pickens County ~~ 9,030 

(b) Commonality/Typicality. The questions of law and 

fact regarding defendants’ liability are identical for class 

representatives and the putative class members, as shown by the 

following common question: whether the State of Alabama through 

its Leglslature, has instituted and maintained a policy, scheme, 

pattern and practice of creating and/or maintaining at-large 

elections systems for county commissions throughout the state 

with the specific purpose of denying and abridging black 

citizens’ right to vote by diluting their voting strength. 

(c) Adequate Representation. The named plaintiffs have 

the financial resources to pursue this cause of action as a 

class. They have no conflict with the putative class members, 

and will adequately and fairly pursue the interests of the 

putative class members. Further, plaintiffs are represented by 

attorneys who have extensive class action experience. 

(d) Injunctive and declaratory relief is appropriate 

because defendants have failed to act on grounds applicable to 

the entire class. 

5. As set out more fully in plaintiffs’ brief 

accompanying this petition, plaintiffs are not seeking to try 

eight (8) separate cases using the results standard of amended 

Section 2 of the Voting Rights Act. Instead, plaintiffs are 

collectively challenging the gtate’'s legislative adoption and 

 



  

amendment of at-large voting schemes with a racially 

discriminatory motive or purpose. The eight counties in this 

action are the only ones in Alabama, so far as Plaintiffs can 

ascertain, where either the system for electing county 

commissioners has not already been changed to single-member 

districts, or where there is not already pending litigation 

challenging at-large election of county commissioners, or where 

the black population is too small to enable it to control even 

one single-member district. 

PRELIMINARY INJUNCTION 
  

6. Plaintiffs are entitled to a preliminary injunction 

because: 

(a) Plaintiffs will likely prevail on their claims of 

unlawful racial dilution under section 2 of the Voting Rights Act 

of 1968, as amended in 1982, 42 U.S.C. section 1973. 

(b) Plaintiffs will be irreparably harmed if the 

regularly scheduled elections are allowed to proceed on an 

at-large basis. Because voting patterns are racially polarized, 

black candidates do not have an equal opportunity to be elected 

under the at-large systems. 

(¢c) Time is running short. The primary elections are 

scheduled for June 3, 1986. Ala. Code section 17-16-6 (Supp. 

1985). Runoff elections, if necessary, are scheduled for June 24, 

 



  

1986. Id. 

(d) Alabama law requires candidates to file their 

declarations of candicacy with the county party chair persons not 

later than 60 days before the date of the primary elections; 

here, April 3, 1986. Ala. Code section 17-16-11(a). 

(e) The Republican party has already begun qualifying 

candidates for its primary, and the Democrats will begin 

qualifying candidates for its primary on March 1, 1986. 

(f) Defendants will not suffer any injury if the 

preliminary injunction is granted. All will be able to stand for 

election if the court orders that they be conducted from 

single-member districts. None has any vested interest in the 

maintenance of the at-large election systems. 

(g) The public interest will be served if the 

preliminary injunction is granted. The primary public interest 

at stake is expressed in the laws and Constitution of the United 

States which provide the right of all citizens to full and 

effective participation in the political process and the right to 

an equal opportunity to elect candidates of their choice. 

7. This court is scheduled to hear all outstanding 

motions to dismiss on Friday, January 31, 1985. Assuming all such 

motions are denied, plaintiffs request an expedited hearing on 

the preliminary injunction and class certification issue so that, 

if plaintiffs establish their entitlement thereto, relief could 

 



  

be provided in time for the 1986 primary and general elections. 

WHEREFORE, plaintiffs pray the court will schedule a 

hearing as soon as possible for the purposes of receiving 

evidence on this petition for preliminary injunction and class 

certification and, following such hearing, that the court enter a 

preliminary injunction against the defendants, their officers, 

agents, attorneys, employees and those acting in concert with 

them or at their direction: 

A. Tron conducting the June 1986 elections on an 

at-large basis; 

B. From failing to conduct the county commission 

elections using single-member district plans or some other method 

of election that assures the full and equal participation and 

effective voting strength of the black citizens residing in the 

defendant counties. 

Bespeotoully subnitied this LJ aay of Pebrusry, 196. 

BLACKSHER, MENEFEE & STEIN, P.A. 
405 Van Antwerp Building 
P. OO. Box 1081 

Mobile, Alabama 36633 

rah A “SN Se i 

BY: ¢ Vi Yy YC 18574 = ) © 10 804 as j 
  

“JAMES U. BLACKSHER 
LARRY T. MENEFEE 
WANDA J. COCHRAN 

 



  

TERRY DAVIS 
SEAY AND DAVIS 
732 Carter Hill Road 
P. 0. Box 8215 
Montgomery, Alabama 36104 

JULIUS L. CHAMBERS 

DEBORAH FINS 

Legal Defense Fund 
99 Hudson Street 

16th Floor 

New York, New York 10013 

W. EDWARD STILL 
REEVES AND STILL 
714 South 29th Street 
Birmingham, AL 35233 

REO KIRKLAND, JR. 
Attorney at Law 
P. 0. Box 646 
Brewton, AL 36427 

Attorneys for Plaintiffs 

CERTIFICATE OF SERVICE 

I do hereby certify that on this 7) day Of February, 

1986, a copy of the foregoing pleading was served upon counsel of 

record: 

Alton L. Turner, Esq. 
404 Glenwood Avenue 
P. 0. Box 207 
Luverne, AL 36049 Attorney for Defendants Crenshaw County, et al. 
(205) 335-3302 

Jack Floyd, Esq. 
FLOYD, KEENER & CUSIMANO 
816 Chestnut Street 
Gadsden, AL 35999 Attorney for Defendants Etowah County, et al. 
(205) 547-6328 

D. L. Martin, Esq. 

215 South Main Street 

Moulton, AL 35650 

 



David R. Boyd, Esq. 
BALCH AND BINGHAM 
P. 0. Box 78 
Montgomery, AL 36101 Attorneys for Defendants Lawrence County, 
(205) 834-6500 elt al., 

AND 

James G. Speake, Esq. 
Speake, Speade ¥ Reich 
101 Spring Street, N.V. 
P. O.Box 5 Attorney for Probate Judge, Richard I. Procto: 
Moulton, AL 35650 Probate Judge of Lawrence County | 

¥. O. Kirk, Jdr., Esq. 
CURRY & KIRK 
P. 0. Box A-B 
Carrollton, AL 35447 Attorney for Defendants Pickens County, 
(208) 367-8125 et al. 

Warren Rowe, Esq. 
ROWE, ROWE & SAWYER 
P. 0. Box 180 
Enterprise, AL 36331 Attorney for Defendants Coffee County, et al.; 
(R05) 347-3401 

James W. Webb, Esq. 
WEBB, CRUMPTON, MCGREGOR, SCHMAELING 

& WILSON 
166 Commerce Street 
P. O. Box 238 
Montgomery, AL 36101 

(205) 834-3176 
AND 

Lee Otts, Esq. 
OTTS & MOORE 
P. O. Box 467 
Brewton, AL 36427 

(205) 867-7724 Attorneys for Defendants Escambia County, et al. 

Barry D. Vaughn, Esq. 
PROCTOR & VAUGHN 
121 North Norton Avenue 
Sylacauga, AL 35150 Attorney for Defendants Talladega County, et al. 

H. R. Burnum, Esq. 
P. O. Box 1618 
Anniston, AL 36202 Attorney for Defendants Calhoun County, et al. 

by depositing same in the United States mail, postage prepaid. 

lL Lod Ted AM ALLA 
A ATTORNEY FOR PLAINTIFFS